Terms & Conditions | Move Embrace

Class Pass Terms and Conditions

These terms and conditions apply to our Class Passes.

1.Class Pass Payments

Our Class Passes can be purchased via the Move Embrace website or Fit by Wix app using credit card or PayPal.

2. Class Pass Expiry and Suspensions

All of our Class Passes have a strict expiry date. The Pass start date will begin on the date of purchase and expire as follows:

10 Class Pass (2 months expiry from purchase date)
Teen 10 Class Pass (2 months expiry from purchase date)
Senior 10 Class Pass (2 months expiry from purchase date)
4 Class Pass (1 month expiry from purchase date)

Clients are able to suspend their Class Pass for good reason at anytime during the Active time frame of the Pass by email Move Embrace at hello@moveembrace.com.au or contacting us via the Fit by Wix App. To reactivate your pass you must again email us with a commencement date. Your pass will then be reactivated and the expiry date extended.

Any class credits that remain on a Class Pass once it has expired are deemed lost. It is the responsibility of the Pass Holder to manage their Pass and contact BEFORE it expires for a possible extension. Once it has expired there is nothing we can do.

Class Passes are strictly to be used 1 member only. Class Passes are not transferable.

Weekly Membership Terms and Conditions

These terms apply to all of members joining our weekly membership option.

1. Membership Payments

The individuals membership will begin from the date the client purchased their membership through the Move Embrace website or Fit by Wix app. The clients payments will commence immediately and will repeat each week on the same day as the initial sign up. The cost of the weekly full access membership is $55.00.

Your membership will continue to charge automatic direct debits until the client requests to cancel their membership in line with cancellation policy in section 5.

The client understands that Stripe or PayPal are the payment processing providers. If a payment fails due to insufficient funds or any other reason, the client may incur a fee from Stripe or PayPal.

If the client membership payment fails leading to an amount owing to Move Embrace of $100.00 or more, the client will have 3 days to pay their outstanding balance. If the client fails to do so, access to the facility will be temporarily suspended.

2. Membership Inclusions

This membership option will allow the client to have full access to the group fitness timetable. The client understands that they must book each class via the Move Embrace website or Fit by Wix user app prior to attending the session.

Clients will have full access to toilet facilities and a water bubbler.

3. Gym Classes & Timetable

The client understands that the gym timetable is updated regularly. The client will be given 7 days notice when there is a timetable adjustment whereby a class is being removed. In the instance where a class has less than 2 people booked in and it is within 1 hour of the start time, the class will be cancelled.

The client understands that the classes are required to be booked. Clients are able to book up to 14 days in advance. If a class is full, clients are able to join a waitlist. Clients will be able to be added from a waitlist to the class within half an hour of the session.

Clients understand they must have their own towel and water bottle at each session they attend.

The client understands that they must complete the electronic Health Waiver form sent via email before attending their first class.

The client agrees that they will seek assistance with any equipment that is unfamiliar to them before utilising it.

4. Fees and Charges

a. Fee changes

We review our membership fees from time to time. We will give you at least one calendar month's written notice of any such changes.

b. 7 day Free Trial.

The client understands that when they sign up to the 7 day Free Trial they will have access to unlimited classes for the duration of 7 days from the day they sign up. Once the client has signed up to the 7 Day free Trial the free trial will commence immediately and no extensions or suspensions will be granted. Only Douglas Shire Council residents are eligible to sign up for the 7 Day free trial. Move Embrace reserves the right to request proof of local residency and can cancel free trial if found fraudulent. The 7 day Free Trial is for new clients ONLY.

5. Suspending, cancelling or transferring your membership

a. Suspending your membership.

The client understands that they have the ability to suspend their membership with seven days written notice. The clients membership is automatically charged each week. The client must notify the gym if they are wanting to suspend their membership. Suspensions are only permitted for periods of 7 days or more.

When suspending your membership you will need to supply a re-start date; your membership fee payments will automatically re-commence on that date. You are responsible for ensuring that we have received written notice of your intention to suspend your membership and a re-start date. Please be mindful of your personal autopay day and be sure to arrange your days of suspension around your autopay. We are not responsible for knowing each clients day of payment.

b. How to cancel your membership

Should you wish to cancel your membership you must give 5 days notice. The notice to cancel must be sent via email to: hello@moveembrace.com.au

Cancellation requests that are sent via social media are NOT acceptable.

Notices received after 17:30 will be deemed to have been received on the next working day.

The client understands that when cancelling their membership they will have access to the group classes for 7 days after their final payment.

c. How to transfer your membership

Your membership is personal to you and cannot be assigned or transferred to another individual.

6. Our right to cancel your membership

We may cancel your membership immediately if you:

Break these terms and conditions

Put the health, safety or well-being of other members or our employees at risk

Allow other people to use your membership to attend classes

Engage in disruptive or violent behaviour

Steal or purposely damage any equipment within the facility

Have failed to meet your financial obligations to the gym

7. Changes to these terms and conditions

We may change these terms and conditions. We will give you 7 days notice to inform you of any significant changes that may affect your membership and also publish the updated terms and conditions on our website.

8. Condition of Health

You acknowledge the risks and dangers associated with the strenuous exercise that forms part of the services offered by Move Embrace. This includes, but is not limited to serious bodily injury, death or other damage or injury. You assume all such risks and responsibility for damages, liabilities, losses or expenses which you may incur as a result of your participation.

Each time you use any website, app or facility associated with Move Embrace, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use any Move Embrace services until you have sought appropriate medical guidance and been given the go-ahead.

You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Health Questionnaire upon our request. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.

You promise that information you give us will be true and accurate and not misleading in any way. You must not use any website, app or in-person service from Move Embrace if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other members and others. We may suspend or cancel your account if we have reason to suspect that you have not complied with this paragraph or these terms & conditions more generally.

Move Embrace, and its affiliates make no guarantee, warranty, representation or promise of any health outcomes associated with your use of the Move Embrace services, including but not limited to weight-loss, weight gain or other changes in body composition or your health or wellbeing more generally.

9. Eligibility

For safety and security reasons you must be at least 18 years old to become a member of Move Embrace. If you are of the age of 16-18, you must have parental consent to engage in any Move Embrace services.

10. Privacy

All personal information that you supply to Move Embrace will be collected, used, disclosed and managed by Move Embrace according to the terms of our Privacy Policy, a copy of which is available on this Website. You consent to us dealing with your personal information in accordance with our Privacy Policy. You also agree to use this Website in accordance with any other policies that we publish on this Website from time to time.

You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.

You understand that photos, films, videos or audio recordings may be taken for promotional purposes. You agree to these images and recordings being used by Move Embrace on our website, social media and for other marketing purposes and you assign your rights in any of these materials to Move Embrace.

11. Equipment

a. You understand and acknowledge that Move Embrace purchases the equipment within the facility from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.

b. You understand and acknowledge that Move Embrace is providing recreational services and may not be held liable for defective products or equipment.

12. Liability for Property

The client understands and agrees that Move Embrace is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in a locker.

The client also understands that if a member causes damage to the Move Embrace facility or any equipment within, they are liable to Move Embrace for its cost of repair or replacement.

13. Risk Warning

a. Move Embrace warns that whilst you are on our premises, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

(i) slipping on wet flooring;

(ii) being struck by weights;

(iii) colliding with equipment, or other Members;

(iv) engaging in strenuous exercise and activities; or

(v) incorrect use of equipment or Club,

b. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

c. You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

d. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Move Embrace are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.

14. Release and Indemnity

The client understands that by engaging in any use of the services and facilities provided by Move Embrace, it is at your own risk and acknowledge that the use of the Club may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that Move Embrace will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Club premises by you, or for any death, personal injury or illness on Club premises, or from using our facilities or equipment.

15. Babies and Children in the Studio

We have several classes on our timetable where babies/children are welcome to be brought along with a parent or guardian. It is the sole responsibility of the parent or guardian to watch over the safety and wellbeing of their dependent within the studio at Move Embrace at all times. It is the sole responsibility of the parent or guardian of the dependent to be considerate to other class members by limiting any distractions or interruptions by being attentive to their needs.

Babies and children are not permitted to play with or on any of the gym equipment at any time for safety reasons.

Move Embrace takes no responsibility for any injuries, illnesses or death of a baby/child who accompanies their parent or guardian to a class at the Move Embrace Studio.